HomeMy WebLinkAbout00-08098
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".c<fl\AMOllJWEALTH 9F PENNSYLVANIA
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,~OTltE OF APPEAL
FROM
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DISTRICT ,JUSnCE JUDGMENT
COMMON PLEAS No. 00-
t.e \ NOTICE OF APPEAL
Notice is given\that the ~p~llant has filed in the above Cb.yrt of Gommon Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
NAME OF APPE1.LANT
MAG. DIST.. NO. Oli !\lAME OF o.J.
REALTY MANAGEMENT, INC.
AOORESli OF APPEl..LANT
CITY
lacey 09-3-04
STATE
ZIP COPE
5010 E. Tr.i.ndle Road, suite 203
Mechanicsburg
PA
10/17/00
REALTY MANAGEMENT
lD~rendanri
17056
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&lATE OF.JUOGMENT
IN THE CASE OF IPlam'iff)
INC.
C1.AIM NO.
c~>> 0000199_00
LT19 . ;~tephen c. Nudel,
This block will be signed ONLY when :this nofation is req~lfed under Pac
.,,'fJ:
R.C.P.J.P. No. 1008B. .}
This Notice' of Appeal, when received by the District JiistLce', will operate as
a SUPERSEDEAS to the judgment for possession in this case.
Esquire
If appellant was Claimant (see Pac ,B.C.?.J.P.
No. 1001(6) in action before District' Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RUl~,lO FI,LE COMPLAINT AND RULE TO FILE .
(This section of form to be. used ONL Y when appellant was' DEFENDANT (see Pa. HC.P.J.? No. 1001(1) in action before District Justice.
IF NOT USED. detach from copy of notice df appeal to be sereed upon appellee).' \
PRAECIPE: To Prothonotary
"
,
Name of appellee($}
, appelleels\, to file a complaint in this appeal
Enter rule upon
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(Common Pleas No.
) within twenty (20) days after service of rule or s~f;f.er entry of judgment of non pros.
SJ.gnatu~-of appellant or his attorney or agent
RULE: To
Name of appellee.(s}
. appellee(s)
-'
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
121 If you do not file a,s~mplaint within this time. a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU.
(3) lihe da'te of service of-~"'h[;rule if service was by mail is the date of mailing.
Date:
,19_.
Signature of Prothonotary or Deputy
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Aope 312.90
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PROOF OF SERViCE OF NOTICE OF APPEAL .ANO BULE-TO FILE COMPLAINT
(This 'proof of service MUST BE FILED WIT~}IN TE/V (10) OA YS AFTER riling the notice of appeal. Check applicable--boxes)
COMMONWE;AL TH OF PET\INSYLVANI,:'l,
COU"TY OF-c-:P,~~_..__..___._____.___
;-:;:,
,i\FFIDAViT: I hetebv <;ViJ'_88r' m affin(, -ln2t ! S0rvr;c;
a copy of the N.otice Qf j\ppeal, Commo,n' Pleas"NoCX) ""':?o,q'g-'"u'pon the..District--J stice_design(!.ted thel'O,in 011,
(daie of service).j")ffV~L.__L7_.__, iRQ.OQ" , O"by personal service JfJ by
receipt attachec hereto, ,md upon the i1ppellee, {f1ame).J:2QJ.u_d_~ _ )~_:~_ .''..____.___''"_.. on
f\)CL\I.::~...~~~_J_~.~ d{QnQ_[] ~)'y' pr:r::or,2; service [g1 b {certified (I'e~liste!'ed) mail, sender's-re'ceipUlttach~'d he"l:n'~.
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and furthEr that ,I served the nU:I~ to r= ile a Complaint accornpany.inn~the above --Notice of Appeal upon the appellee(s} 1u
whom the Rule was addressed O)L____________ ._____, 19""__~~'; 0 b~ o/rsolla~ 5e'vice 0 bV (certified) ,(registered)
'mail, sBnder"s" receipt attached heo:to, 0/
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~[9.naiure of affian(
SWOFiM (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 27+"-' DAY )F^IrJl/e~:___,CiI:(QQ,
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Title of official
My commission expiresofl_____, '!9.____.
Notarial Seal .'
Kimberly D. Brown, Notary Public
Harrisburg, Dauphin County
My Commis~i~:\ f:X~i~~~""Feb, 18, 2002
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REALTY MANAGEMENT, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 2000-08098
DAVID FEINBERG,
CIVIL ACTION - LAW
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without
Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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REALTY MANAGEMENT, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 2000-08098
DAVID FEINBERG,
CIVIL ACTION - LAW
Defendant
NOTICIA
LE RAN DEMANDADO A US TED EN LA CORTE. SI US TED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN
FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN
CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,
LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN
PREVIO AVrSO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALIVIO QUE ES
PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0
SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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REALTY MANAGEMENT, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 2000-08098
DAVID FEINBERG,
CIVIL ACTION - LAW
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Realty Management, Inc., by and
through its attorneys, Law Offices Stephen C. Nudel, PC, and
respectfully files this Complaint as follows:
1. Plaintiff, Realty Management, Inc., is a Pennsylvania
corporation having a business address of 5010 East Trindle Road,
Suite 203, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, David Feinberg, is an adult individual
having an address of 812 Kent Drive, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
3. On or about September 9, 1999, Plaintiff, as tenant,
and Defendant, as Landlord, entered into a Lease Agreement
("Lease") for real property known as 535 Fairway Drive, Camp
Hill, Cumberland County, Pennsylvania 17011 ("Property"). A true
and correct copy of the Lease is attached hereto and made a part
hereof as Exhibit "A".
4. The Lease provides, inter alia, that "Tenant has
deposited, or will deposit on September 9, 1999, with Reager &
Adler, P.C. as security for the performance of all terms,
covenants and conditions of this lease, the sum of Ten Thousand
and XXjl00 Dollars ($10,000.00)" (the "Security Deposit").
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5. The Lease further provides, inter alia, that "the
security deposit shall be retained by Reager & Adler, P.C. until
the termination of the Tenant's tenancy. At that time, the
security deposit shall be returned to the Tenant, provided that
the Tenant has not damaged the Premises beyond normal wear and
tear; committed acts of waste; or defaulted in the Tenant's
obligations to the Landlord".
6. The Lease term was for six months beginning September
15, 1999, and ending March 14, 1999 [2000].
COUNT I. VIOLATION OF PENNSYLVANIA LANDLORD TENANT ACT
68 P.S. S 250.512(A)
7. Paragraphs 1 through 6 are hereby incorporated by
reference as if set forth at length.
8. Plaintiff vacated the Property on or about April 28,
2000.
9. Plaintiff provided Defendant with its forwarding
address and requested that the $10,000.00 security deposit be
released from Reager & Adler, P.C. and returned to Plaintiff.
10. By correspondence dated May 16, 2000, Defendant
notified Plaintiff that he would be retaining $575.77 of the
Security Deposit for alleged damages to the Property.
11. Plaintiff did not receive the check for the remainder
of the Security Deposit dated June 2, 2000, until approximately
June 5, 2000, more than thirty days after vacating the Property.
12. As a result of Defendant's failure to return the
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remaining escrowed money to Plaintiff within thirty days of
Plaintiff vacating the Property, Defendant is in violation of 68
P.S. ~ 250.512(a).
13. According to the Pennsylvania Landlord/Tenant Act,
Plaintiff is entitled to double the Security Deposit for
Defendant's violation of 68 P.S. ~ 250.512(a).
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment on behalf of Plaintiff and against
Defendant in the amount of $20,000.00 plus interest, costs of
suit and attorneys fees.
COUNT II. BREACH OF LEASE
14. Paragraphs 1 through 13 are hereby incorporated by
reference as if set forth at length.
15. Upon vacating the Property, there were no damages to
Property which were caused by Plaintiff during the term of the
Lease.
16. Plaintiff performed all terms, covenants, and
conditions of the Lease.
17. Plaintiff committed no acts of waste, but to the
contrary, significantly improved the Property.
18. Plaintiff did not default in its obligations to
Defendant under the Lease.
19. Defendant has retained, without authority and in
violation of law, $575.77 of the Security Deposit and has failed
to return the money to Plaintiff despite request.
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WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment on behalf of Plaintiff and against
Defendant in the amount of $575.77 plus interest, costs of suit,
and attorneys fees.
COUNT III. QUANTUM MERUIT IMPROVEMENTS
20. Paragraphs 1 through 19 are hereby incorporated by
reference as if set forth at length.
21. During Plaintiff's tenancy of the Property, Plaintiff
performed maintenance and repairs to the Property.
22. The Lease provides, inter alia, that the landlord will
be responsible for the payment for the maintenance and repairs of
the property,
23. During. its tenancy, Plaintiff made certain improvements
to the Property to Defendant's knowledge.
24. The work and improvements performed by Plaintiff have
been accepted, used and enjoyed by Defendant, and Defendant has
benefited from the improvements.
25. The reasonable value of services including labor,
materials and costs is $5,500.00.
26. Because of Defendant's breach of the Lease, Defendant
knows or should have known that Plaintiff expected compensation
for the maintenance and improvements.
27. Defendant was unjustly enriched by the improvements
made by Plaintiff.
28. The amount for which Plaintiff remains uncompensated is
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$5,500.00.
29. Defendant is liable to Plaintiff in the amount of
$5,500.00.
30. Despite demands thereof, the amount of $5,500.00 remains
unpaid to Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment against the Defendant and on behalf of
Plaintiff in the amount of $5,500.00 plus interest, costs of
suit, and attorneys fees.
Respectfully submitted,
LAW OFFICES STEPHEN C. NUDEL, PC
Date: 12./5/00
,J,
hen C. Nude
At orney ID #417 3
Mark W. Allshouse, Esquire
Attorney ID #78014
219 pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorneys for Plaintiff
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LEASE AGREEMENT
THIS AGREEMENT is made this.JillL day of SeDtember. 1999 . by and
between David Feinbel'Q - 812 Kent Dr.. Mechanlcsbura. PA 17055
(referred to herein as "Landlord") and Realty Management. Inc. - 5010 E. Trindle Rd.,
Suite 203. Mechanicsbum, PA 17055
(referred to herein as "Tenanf').
1. PROPERTY AND BASIC TERMS: Landlord agrees to rent to the Tenant the
premises known as 535 Fairway Drive. CamD Hill. PA 17011 (referred
to herein es the "Premises") on the following terms and conditions:
a.
Term of lease:
8 months
b.
Beginning date of lease:
SeDtember 15. 1999
c.
Ending date of lease:
March 14. 1999
c. Rent is due and payable in advance on or before the~ day of each
month of this lease In monthly installments of Two Thousand and
00/100 ____._____m__._ Dollars ($ 2.000.00 I.
d. Rent is to be paid at or sent to:
David Feinberg
812 Kent Drive
Mechanicsburg, PA 17055
e. If rent payments are not received by the landlord by the 5th day of each
month, a late charge of ten percent (10%) of such payment shall be due
as additional rent.
f The Premises shall be used as a residence and not for any other
purpose.
2. Because Tenant is taking possession on SeD!. 15. 1999 . which is ~ days
before the first day of the next calendar month , Tenant shall pay a half month's
rent of One Thousand and 001100----.-------- Dollars ($ 1.000.00 1 to
cover the period of inilial possession.
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3. SECURITY DEPOSIT: The Tenant has deposited, or will deposit on SeDtember
9. 1999 ,with Reager & Adler, P.C. as security for the performance of all terms.
covenants and conditions of this lease, the sum of Ten Thousand and
00/100-------.._ Do/lars ($10,OOO.00).
The security deposit shall be retained by Reager & Adler, P.C. until the
termination of the Tenant's tenancy. At that time, the security deposit shall be
retumed to the Tenant, provided that the Tenant has not damaged the Premises
beyond normal wear and tear; committed acts of waste; or defaulted in the
Tenant's obligations to the Landlord.
The landlord shall retain the security deposit if the Tenant damages the
Premises or has defaulted in the Tenant's obligations to the Landlord, and the
Tenant shall be liable for an., excess damages not covered by the security
deposit.
4. UTILITIES AND ADDITIONAL EXPENSES: It is understood and agreed that the
Landlord and Tenant will be responsible for the payment of the items as checked
below.
Landlord will pav for:
Tenant will Dav for:
Water
Gas heat
_X_ Water
_X_ Gas heat
_X_ Electricity
_X_ Lawn Care
Electricity
Lawn Care
Snow Removal
_'1._ Snow Removal
_X_ Sewer
_X_ Trash
Sewer
Trash
_X_ Real Estate Taxes
X Maintenance/Repairs
- -(Exre~as~fiooin6~
X Insurance
Real Estate Taxes
_X_ CablefTelephone
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1. Automatic Renewalflnscection - Unless the Tenant shall give the Landlord
sixty (60) days written notice prior to the termination of the term of this
Lease, this lease shall continue upon the same terms and conditions in
force. This Lease will thereafter continue to automatically renew on like
terms until termineted by either party. The Tenant agrees to permit and
allow Landlord or an agent for the Landlord to inspect the Premises thirty
(30) days prior to the termination of Tenant's tenancy.
6. TENANT AGREES TO DO NONE OF THE FOLLOWING WITHOUT FIRST
OBTAINING THE WRITTEN CONSENT OF THE LANDLORD:
a. Use of Premises - Assign, mortgage, or pledge this Lease, or sub-lease
the Premises, or any part of the Premises, or permit any other person,
firm, or corporation to occupy the Premises or any part of the Premises.
If the Tenant becomes embarrassed or insolvent, or makes an
assignment for the benefit of creditors, or if a petition in bankruptcy is filed
by or against the Tenant or a bill in equity or other proceeding for the
appointment of a receil/er for the Tenant is filed, or if a proceeding for
reorgani~ation or for composition with credits under any state or federal
law be instituted by or against Tenant, or if the real or personal property
of the Tenant shall be levied upon or sold by any sheriff, marshall or
constable, the same shall be a violation of this Lease.
b.Chanaes to Premises - Landlord gives tenant the approval to repaint the
home, replace carpet in the Northwest Bedroom, install a security system,
put in new toilet seats, shower curtains, drapes and blinds as needed, at
tenants expense_ All alterations, improvements, additions or fixtures,
whether installed before or after the execution of this Lease, shall remain
in the Premises at the expiration or sooner terminatIon of this Lease and
become the property of Landlord, unless Landlord shall, prior to the
termination of this Lease, have given written notice to Tenant to remove
the alterations, improvements, additions or fixtures, in which event Tenant
will remOVe such alterations, improvements and additions and restore the
Premises to the same condition which it is in on the date of signing of this
Lease. If Tenant fails to restore the Premises, then Landlord may do so,
collecting (at landlord's option) the cost and expense of restoring the
Premises from Tenant as additional rent.
c. Removal of Property/Goods - Remove or attempt to remove or sh~w. an
intention to remove substantially all of Tenant's furniture and furnlshmgs,
or goods or property from or out of the Premises without having fjl$t paid
and satisfied Landlord for all rent which may become due during the
entire term of this Lease.
- Page 4 -
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5. TENANT COVENANTS AND AGREES TO THE FOllOWING TERMS AND
CONDITIONS:
s. Rent - Tenant agrees to pay the rent charges due to the Landlord in
monthly installments on the day specified in Paragraph 1(e). If the
Landlord accepts rent or rent charges after their due date on any
occasion, such acceptance shall not excuse future Jate payments by the
Tenant or constitute or be construed as a waiver of any of the landlord's
rights. Tenant agrees that any charge or payment due from the Tenant
which is, under this lease, to be treated or collected as rent or costs may
be recovered by the landlord in the same manner as rent
b. Use of Premises - Tenant agrees to keep the Premises clean and free
from all ashes, dirt and other refuse matter; replace all glBsS windows,
doors, etC., that are broken; keep all waste and drain pipes open; keep
the Premises in good order and repsir as it was at the beginning of the
term of this lease. with the exception of reasonable wear and tear. The
Tenant agrees to return the Premises in the same condition in which
Tenant has agreed to keep the Premises during Ihe term of this lease.
Tenant agrees to use every reasonable precaution against fire.
c. ComDlianceWilhLocal Rules and Reoulations - Tenant agrees to comply
with any requirements of any of the public authorities. and with the terms
of any stale or federal statute or local ordinance or regulation applicable
to Tenant or his use of the Premises, and 10 protect the Landlord from
penalties, fines, costs, or damages resulting from failure to do so.
d. Rules - Tl3nsnt agrees to be responsible for the conditions of the
pavement, curb, awnings and other erections in the pavement during the
term of this lease; shall keep the pavement free from snow and ice
(unless Paragraph 3 provides otherwise); and shall be and hereby agrees
that Tenant is solely liable for any accidents, due or alleged to be due to
their defective condition, or to any accumulations of snow and ice.
Tenant agrees to give to the landlord prompt written notice of any
acciden~ fire or damage on or to the Premises.
e. Surrender of Premises - Tenant agrees to peaceably deliver up and
surrender possession of the Premises to the landlord at the expiration or
termination of this Lease by promptly delivering to the landlord at its
office all keys for the Premises.
- page 3 -
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d. Vacate the Premises - Vacate or desert the Premises during the term of
tl'lis lease. or permit the Premises to be empty and unoccupied.
e. Pets - Maintain any animals or pets in the Premises. . EXCEPTIONS
(must be im1ialed by Landlord and Tenant):
f. Noise - Make or permit any disturbing noises by the Tenant or members
of the Tenanrs family, guests, visitors. agents and employees.
g. Miscellaneous
(1) Will not occupy the Premises in any other name or for any other
purpose than is provided in this Lease.
(2) Agrees that the Premises shall not be occupied by more than one
family.
(3) Do or allow to be done, any act objectionable to the fire insurance
company which may cause the fire insurance or any other
insurance to become void or suspended, or the rate increased.
7. RIGHTS AND REMEDIES OF LANDLORD:
a. Sians -To display a "For Rent" sign, or both "For Renf' and "For Sale"
.signs at anytime during the Tenant's lease term; and all of the signs may
be placed upon such part of the Premises as Landlord may choose and
may contain such matter as Landlord may choose.
b. Riaht of Entry. With 24 hours notice to the Tenant, the Landlord or any
person authorized by him has the right to enter the Premises at
reasonable times to inspect, make repairs or alterations as needed, or to
show the Premises to prospective tenants and/or purchasers. Repair work
performed by the owner or agents shall be performed during normal
daylight busilJess, hours.
c, Lease Terms - The Landlord has leased to Tenant the Premises in its
present condition and without any representations on the part of the
Landlord, its officers, employees, servants andlor agents. It is understood
and agreed that Landlord is under no dUty 10 make improvements or
alterations at the time of leasing or any time thereafter.
- E'age 5 -
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8. Default -If Tenant defaults in the payment of any part of the rent, or ifTenant
breaches or attempts to breach any of the covenants or conditions of this Lease,
the entire rent payable for the full term of this lease shall become due and
payable at once. At the same time, the Landlord may cancel the unexpired
portion of this Lease and enter and ~possess the Premises without giving any
notice whatsoever. In the event Landlord shall cancel the unexpired portion of
this Lease, Tenant shall remain liable for all rent dua under this Lease to the end
of the term, less rent, if any, received by Landlord from a new Tenant.
a. Landlord's Remedies - The non-payment of rent, late fees or returned
check charges when due, or the failure to comply with any provision of
this Agreement or any Rule or Regulation shall constitute a default by
Tenant. In the event of a default, Tenant WAIVES THE REQUIREMENT
OF ANY NOTICE TO QUIT OR VACATE AND, IN THE EVENT OF
NONPAYMENT OF RENT, WAIVES ANY DEMAND FOR THE PRECISE
RENT DUE. IN ADDITION, Landlord SHALL BE ENTITLED TO THE
FOLLOWING REMEDIES:
(1) Landlord or its representative may institute a legal action of
eviction pursuant to the Pennsylvania LandlordlTenant Act.
(2) Landlord or its representative may institute and pursue a legal
action before a district justice or court for rent, damages, and other
amounts due from Tenant.
(3) Landlord Or its representative may pursue any other
remedies available to it under law for possession of the Apartment,
rent, and all damages and charges due from Tenant.
The remedies described in this paragraph are cumulative and Landlord
may avail itself of any or all of these remedies as may be appropriate.
b. Parties - All rights and liabilities given to, or Imposed upon, or waivers of
Landlord and Tenant shall extend to and bind the respective heirs,
executors, administrators, successors and assigns of Landlord and
Tenant.
If there are more than one Tenant they shall be bound jointly and
severally by the terms, covenants and agreements of this Lease, and the
''Tenanr' shall mean each and every person mentioned as Tenant; and if
there are more than one Tenant, any notice required or permitted by the
terms of this Lease may be given by or to anyone of the Tenants, and
shall have the same force and effect as if given by or to all of the Tenants.
- Page 6 -
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c. Insurance Coveraae . Landlord shall be responsible to carry fire and
liability insurance coverage on the Premises. Tenant shall carry a
tenanrs fire insurance policy on furniture, furnishings, and other personal
property and liability coverage for injury or damages caused by Tenant or
his guests.
d. ReDairs
Tenant shall notify the Landlord in writing and verbally of any problem in
the house. The resident will be notified as to if the repairs will be done by
an authorized outside contractor, or It the repairs will be handled by the
landlord.
INTENDING TO BE LEGALLY BOUND, Landlord and Tenant have executed this ..
Lease on this day. The Tenant and Landlord by their signature certify that each has
read, understands, and agrees to each and every provision of this Lease and each is
tully aware of all obligations, duties, and remedies which are set forth in this Lease.
Sealed and Delivered in the
Presence of:
LANDLORD: David FeInberg
TENANT: Realty Management, Inc.
- page 7 -
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VERIFICATION
I, Thomas J. Flynn, President of Realty Management, Inc.,
being authorized to do so, verify that the statements in the
foregoing document are true and correct to the best of my
knowledge, information and belief.
I understand that any false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
REALTY MANAGEMENT, INC.
Date: 12/5/00
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REALTY MANAGEMENT, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 2000-08098
DAVID FEINBERG,
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid, at
Harrisburg, Pennsylvania, as follows:
Mr. David Feinberg
812 Kent Drive
Mechanicsburg, PA 17055
Date: 12/S}00
Ma . Allshouse
At orney ID #780
219 pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorney for Plaintiff
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REALTY MANAGEMENT, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 2000-08098
DAVID FEINBERG, and REAGER
AND ADLER, PC,
CIVIL ACTION - LAW
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned matter Settled and
Discontinued with Prejudice.
Respectfully submitted,
LAW OFFICES STEPHEN C. NUDEL, PC
Date: 110(01
~ ;,J,
St hen C. Nudel,
At orney ID #417 3
Mark W. Allshouse, Esquire
Attorney ID #78014
219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorn
for Plaintiff
A. Dietter ck, Esquire
James Smith Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17033
Attorney for Defendants
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REALTY MANAGEMENT, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-08098
DAVID FEINBERG, and REAGER
AND ADLER, PC,
CIVIL ACTION - LAW
Defendants
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid, at
Harrisburg, Pennsylvania, as follows:
Scott A. Dietterick, Esquire
James Smith Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17033
LAW OFFICES STEPHEN C. NUDEL, PC
Date: 1/lqOI
17101
Attorney for Plaintiff
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C!JIIIIMON~'IfEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUOICIAL OISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ro _
Co;
NOTICE OF APPEAL
Notice is given that the appeHant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
NAME OF APPEl.l.ANT
MAG. OlST. NO. OR NAME OF D.J.
REALTY MANAGEMENT. INC.
AOORESS OF APPEl.l.ANT '
CITY
lacev 09 3 04
STATE
ZIP cooe:
5010 E. Trindle Road, suite 203
Mechanicsburg
PA
DATE OF JUDGMENT
IN THE CASE OF/Plaint"';
(Defendant!
10 17 00
REALTY MANAGEMENT INC.
inber
Cl.AIM NO.
CVJ{1l: nnnn1qq nn
LT 19
This block will be sign'ed ONLY when this notation is required
R.C.P.J.P. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
uire
If appellant was Claimant (see Pa. H.C.P.J.P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED. detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
(Common Pleas No.
Name of appellee(s)
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
. appellee(s), to file a complaint in this appeal
Enter rule upon
Signature of appellant or his attorney or agent
RULE: To
Name of appellee(s)
, appellee(s)
(1) You are notified th~t a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by pers~:mal service or by certified or registered mail.
(2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU.
(3) The date of service of this r:ule if ~ervice was by mail is the date of mailing.
Date:
.19_.
Signature of Prothonotary or Deputy
Aope 312-90
COUrl~j- I=~LE -ro a2 Fn...c'0 Wtfi' ?H.O-t~O_\iO-~AMY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FiLED WiTHiN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
o
a copy of the Notice of Appeal, Common Pleas No.
(date of service) ,19_, 0
receipt attached hereto, and upon the appellee, (name)
,19_D by personal service
,upon the District Justice designated therein on
by personal service 0 by (certified) (registered) mail, sender's
, on
o by (certified) (registered) mail, sender's receipt attached hereto.
o
and further that I served the Rule to
whom the Rule was addressed on
mail, sender's receipt attached hereto.
File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
,19_. 0 by personal service 0 by (certified) (registered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,19_.
Signature of affiant
Signature of official before whom affidavit was made
My commission expires on
,19_.
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- COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: C;UMBERLAND
A~!UmYFORP~IN'l'IFF
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NOTICE OF" J,AJ,,' DGMEN,+,/TFOlNSORIPT ,-
CIVIL CASE' '
PLAINTIFF: , }.' NAME and ADDRESS -"
'RElUoTY MANA~EMEN'l', INC. '~I
5010 E. TR!NDLE RD.
SUITE 203
~CHAN:rCSBURG, PA 17050 -.J
VS.
DEFrENDANT:' NAME and ADDRESS
.IpE:l;,!l8~RG, DAVID, ~T,lUo. I
,812 KENT DR. , ,.~.
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MECHANICSBDRG,PAi 7050
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Docket No.: cv- 0000199 - 00
Date Filed: 6/09/00
Mag.'DiSl.NO.:
09-3-04
OJ Name: Hon.
THOMAS A. PLACEY
Add'."10.4S. SPORTING HILL RD.
~CliAN::r<::S"'DRG,pA,
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STEPHEN C. NUDEL, ESQ.
219 PINE ST.
HARRISBURG, PA 17101
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THIS IS TO NOTIFY YOU THAT:
Judgm<l,nt:, ' ' .'
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. [jJ Judgment was entered for: (Name)
[jJ Judgment was entered against: (Name)
,
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R'R1I r.'I'V MlIlITlIn'RMRll1'l'" T1!!1r.
in the amount of $
00 on:
(Date of Judgme'nt)
(Date & Time)
10/17/00
o Defendants are jointly and severally liable.
o Damag~s will be assessed on:
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[]Th'iS casedisinissedwith~utprejudice.
Amount of Judgment
Jud~nient Costs" "
Intereslon Judgment
Attorney Fees
Total
$
$
$
~, $ .'
$
.00
;00
;,00. "
,00
;00
I
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
o
o
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Pbsl'Judgment Credits $
Post Judgment Costs $
Levy is stayed for
days or 0 generally stayed.
------------
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Certified Judgment Total $
Objection to levy has been filed and hearing will be held:
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Date:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
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Lcertifythat this is a true ahd corr~cfcoJly' of the recbrd of the proCliedirigscoritaining the iu~r.n~J1i. .
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My commission expires first Monday of January,
AOPC 315,99
2004
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